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REPLY 



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Hon. Foster Blodgett 



Memorial of Six Members of the Georgia Legislature, 

REMONSTRATING AGAINST 

His admission into the United States Senate, 



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A document styled "Memorial of members of the late 
General Assembly of the State of Georgia, remonstrating 
against the admission of Foster Blodgett to a seat in the 
Senate," signed by six members of the Legislature of Geor- 
gia, who are active and ardent, and perhaps I might say 
bitter and unrelenting political enemies to me and to the 
party with which I am allied, has been laid before the Sen- 
ate, and by that body referred to your committee. 

It is but fair to state that I have information which I con- 
sider entirely reliable to the effect that this so-called memo- 
rial has been presented to a large number of the members of 
said Georgia Legislature, both Democrats and Republicans, 
and but six of the former and none of t\\e latter could be 
induced to sign it. 

It is not at all astonishing that my political opponents 
should desire that the seat to which I have been elected 
should remain vacant uutil next November, when a Demo- 
cratic Legislature will convene to enable them to get. one of 
their own party into the Senate. It is, however, worthy of 
note, that so few of that powerful party in Georgia have 
united in this rather unusual but bold scheme to secure po- 
litical power. It argues that their ablest lawyers and 
shrewdest politicians have but little confidence in the sound- 
ness of their positions, as none of their names appear to this 
paper. 

The " Memorial " is before the Senate, and it is a duty I 
owe to the State which elected me, and which is entitled to 
be represented in the councils of the nation, that I notice 
the charges made against me in this document, in order that 
the matter may be settled, and if I am found to be entitled, 
that I may be admitted to my seat, and if I am not entitled, 
that some one may be appointed or elected who can take his 



seat, and the State remain no longer without her constitu- 
tional representation in Congress. 

The first position assumed by these six memorialists is 
"that the election was not held in accordance -with the law 
of Congress approved July 26, 1866, in that 'the Legisla- 
ture was not the body " chosen " next preceding the expira- 
tion of the time for which said Blodgett was elected to rep- 
resent said State in Congress.' 

I insist that this charge is untrue, and that I was elected 
in accordance with the act of Congress of 26th July, 1866. 

The Legislature by which I was elected was, at the time 
of my election, and is at the present time, the only legally 
and constitutionally constituted Legislature in existence in 
the State of Georgia, because, by the constitution of that 
State (Art. Ill, Sec. 1, par. 2) it is provided that the mem- 
bers of the Legislature shall hold until their successors are 
elected and qualified. No "successors" to those composing 
the Legislature which elected me have been elected and 
qualified ; therefore, unless the constitution will yield to these 
six memorialists, or there can be two Legislatures in exist- 
ence at the same time in Georgia, the body by which I was 
elected was the Legislature " chosen next preceding the ex- 
piration of the time for which I was elected." 

2. The term Legislature as used in said act of Congress 
has a plain legal meaning, such as Bouvier defines to be a 
body authorized to legislate, to make laws, to elect a sena- 
tor. Unless it is thus constituted and empowered, it is not 
a " Legislature." The persons elected in December, 1870, 
to compose a Legislature to convene and organize in Novem- 
ber, 1871, has no organization, has no power or capacity to 
legislate, to enact laws, or to elect a senator. They have 
not been declared elected in any legal or constitutional man- 
ner. Their qualifications as members of a legislative body 
have not been passed upon according to law. They have 
not been qualified or sworn according to the requirements 
of the constitution of the State. They have not been elected 
and qualified as the constitution provides, and their prede- 
cessors are still in office. 



If these positions are correct, (and no one will controvert 
them,) the conclusion must be irresistible that the only 
legislative body in existence at the time I was elected, and on 
the 4th of March, 1871, in the State of Georgia, was the 
body by which I was elected. And there is as little chance 
for escape from the conviction that the persons purporting 
to be elected in December, 1870, as members to compose a 
body to convene in November, 1871, do not and cannot by 
any means be " a Legislature." If they are not " a Legis- 
lature,'' if they have never organized and qualified accord- 
ing to the constitution and laws of the State of Georgia, so 
as to empower them to enact laws or to elect a Senator, then 
the body by which I was elected must have been the body 
chosen next preceding the expiration of the time for which 
I was elected. 

The second allegation made by the memorialists is, " that 
at the time said Blodgett was elected the constitution of said 
State required that the Legislature to be elected in the fall of 
1870 should assemble on the second Wednesday in January, 
1S71, prior to the occurence of the vacancy, but that the day 
of meeting was wrongfuly changed to November, 1871." Let 
us see if this was wrongfully done. I say it was done legally, 
fairly, and according to the plain letter of the constitution of 
the State. These words are used in said constitution, Art. 
iii, Sec. 3, Part 1 : " The Legislature shall meet annually on 
the second Wednesday in January, or on such other day as 
the General Assembly may -prescribe." 

On the 25th October, 1870, an act to change the time of 
meeting of the Legislature of this State was approved, (see 
printed laws, No. G5, page 69,) by which the day of meeting 
was changed from the second Wednesday in January of each 
year to the first Wednesday in November of each year, be- 
ginning with the year 1871. By reference to the journal of 
the House of Representatives of the Georgia Legislature, 
page 1119, it will be seen that this bill passed as a recom- 
mendation of the Judiciary Committee, without even Demo- 
cratic opposition. It may have been wrongfully done, ac- 



6 

cording to the high moral conceptions of these memorialists, 
but it was certainly dune according to the constitution of my 
State. 

The constitution of Georgia not only authorizes the change 
of the day of meeting of the Legislature, but it also author- 
izes the change by the General Assembly of the day of elec- 
tion. (See Art. Ill, sec. 1, par. 2.) The constitution pro- 
vides that the election shall begin on Tuesday after the first 
Monday in November of every second year, but the General 
Assembly may change the time of election. This was also 
done by the Legislature, as will be seen in printed laws, 
page 6. So it will be seen that this new Legislature was 
elected the last of December, 1870, instead of in November, 
the day fixed in the constitution. By the logic of the moral 
code of the memorialists, it is not wrongful for Democratic 
members of the Legislature to take their seats, although 
elected on a day not named in the constitution ; but I must 
be denied a seat in the United States Senate, because the 
same Legislature, under the same authority, changed the day 
of meeting. 

This change they say is a mere trick, defeating an expres- 
sion of the voice of the people, in accordance with the laws 
of the United States. Now, your immaculate memorialists 
abandon the argument and go into motives. I am not able 
to cope with them in this new arena. I do not pretend to 
deny to these gentlemen great respect for the free voice of (he 
])eople of Georgia, and unbounded adoration for the laws of the 
United States. 

The third and last position taken in this memorial is, 
" that at the time said Blodgett was elected, a quorum of 
the House of Representatives of the General Assembly was 
not present." 

This position is also untrue. If all the members of the 
House of Representatives had been in office or in life there 
would, according to the constitution, have been 175 members, 
and a majority of that number constitutes a quorum, and 
88 members would have been a majority. In two counties, 



up to that time no election had been held, and there were 
several members dead and not in office. There were 86 mem- 
bers voting, and about 30 present who did not vote ; in fact 
there were present at the time 116 members — 28 over a quo- 
rum. In proof of this, I call attention to affidavits of the 
•Speaker pro tern., and the Clerk of the House, marked Ex- 
hibits "A and B." The journals also show that other mem- 
bers more than sufficient to constitute a quorum were present, 
as they were protesting against the proceeding and obtaining 
leave of absence. 

Hence it is apparent that this is a naked, bold effort to 
keep me out of the Senate, without a shadow of reason, 
truth, or justice, because I do not agree with those gentle- 
men politically. 

Why was no voice raised against the admission of the hon- 
orable Senator from Tennessee, (Mr. Cooper?) He was 
elected in October, 1869. Another election was held for mem- 
bers of the Legislature of his State on the 4th of November, 
1870. 

It seems that a Southern Republican need expect nothing 
at the hands of his opponents but the most relentless perse- 
cution. 

In conclusion, I have to say that I rely upon the legality 
of my election and the just judgment of the Senate for my 
vindication, and for the protection of the people of my State, 
who have the right to be represented in the councils of the 
nation. 

Respectfully submitted. 

FOSTER BLODGETT. 



P. S — I also desire to call particular attention to the 
"Brief of Facts and the Law on my behalf," as prepared by one 
of the most eminent legal minds in the United States. 

F. 13. 



EXHIBIT A. 

Georgia, ( 
Fulton County. S 

Personally appeared before uie Ephraim Tweedy, Speaker pro rem. 
of the House of* Representatives, who, being duly sworn, deposes and 
says that he, as a member of the House of Representatives of the Geu- 
eral Assembly of Georgia, was present, and voted for the Hon. Foster 
Blodgett, for Senator in Congress of the United States for six years 
from the fourth of March next, and that there was largely over a 
quorum of the House present. When the election was being held a 
large number of Democrats were present in their seats, remaining silent 
when their names were called. In my opinion not less than thirty 
were present who did not vote. 

EPHRAIM H. TWEEDY, 

Speaker pro tern. 

Sworn 10 and subscribed before me, this 8th day of February, 1S71. 
[seal.] H. J. G. WILLIAMS". 

Notary PitLlie, Fulton Co. 



EXHIBIT B. 

State of Geouuia, [ 
Glynn County. j 

Before me personally appeared John J. Newton, Clerk of the 
House of Representatives of the General Assembly of Georgia, who, 
being duly sworn, deposes and says that he was present and acting 
at the time of the election of Hon. Foster Blodgett as a Senator in 
the Congress of the United States for the term commencing March 
4, 1871 ; that at the time said election was being held, he is positive 
that more than a hundred members of said House were present ; that 
at least twenty-five were present and in their seats, .who, when their 
names were called from the roll, refused to vote, and that a majority 
of the members of the House were present in the Representative Hall 
during the entire time that the election for Senator was going on ; that 
one hundred and fifty-five were all the members of the House at that 
time ; that all the decisions of the Speaker regarding a quorum, which 
decisions were sustained by the House, were, that a majority of the ac- 
tual members formed a quorum. 

JNO. J. NEWTOX, 

Clerk, House Representatives . 

Sworn to and subscribed before me, this February seventeenth, 
(17th,) 1871, (eighteen hundred and seventy-one.) 
[8BAL.1 C. P. GOODYEAR, 

Clerk Superior Court, Glynn Co., Ga. 





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